NYC Gazette

Congressman Goldman Leads Bipartisan Call Alongside Business Leaders Requesting Designation of Temporary Protected Status for Migrants from Latin American Countries

Status Would Expedite Work Authorization for Migrants from Venezuela, El Salvador, Guatemala, Honduras, and Nicaragua

Read Letter Here

Washington, DC – Congressman Dan Goldman (NY-10) and Congresswoman María Elvira Salazar (FL-27) today led business and labor leaders in a letter to the Biden Administration requesting that it use its executive authority to expand immediate employment authorization by designating Temporary Protected Status and Deferred Enforced Departure to Venezuela, El Salvador, Guatemala, Honduras, and Nicaragua. Currently migrants must wait at least 180 days before they are eligible for work authorization, forcing new arrivals to rely on public services for food, shelter, and healthcare. This extended waiting period also places undue strain on business communities who are in need of additional workers to combat the ongoing labor shortage. The Congressmembers’ demand was joined by the Service Employees International Union and the Essential Worker Immigration Coalition, a coalition of businesses, trade associations, and other organizations from across the industry spectrum.

With the designation of deferred enforced departure (DED) or Temporary Protected Status (TPS), new migrants from Latin American countries suffering from failing governments and economies, pervasive violence and chaos, natural disasters, and unsafe conditions will be able to more quickly find legal work. This will protect immigrant communities, boost the economy, alleviate the financial responsibility of local governments who support migrants, and address the labor shortage affecting businesses.

“As New York and the nation continue to welcome a growing number of asylum seekers, and as many businesses suffer from labor shortages, President Biden has an opportunity to immediately relieve major stressors on our immigration system and our economy,” Congressman Dan Goldman said. “The most common request from migrants I speak to is for the opportunity to get lawful work. Likewise, the industry leaders have expressed a desperate need for more workers. We must be doing everything we can do expedite the process through which new arrivals can begin to work in our city and I urge President Biden to use his executive authority to do so.”

Congresswoman María Elvira Salazar said, “We must redesignate Temporary Protected Status (TPS) for El Salvador, Honduras, Nicaragua, and Venezuela and designate TPS for Guatemala. These protections are critical to bolstering our efforts to promote economic stability in the region, while fighting the world’s most ruthless dictators in Nicaragua and Venezuela. TPS recipients in my district contribute invaluably to the economy of South Florida, and deserve a chance to continue pursuing their American Dream.”

Laura Reiff, Co-Chair of the Essential Worker Immigration Coalition said, “The Essential Worker Immigration Coalition supports the continued extension of Temporary Protected Status for Venezuela, El Salvador, Guatemala, Honduras, and Nicaragua.  Right now, these immigrants are hardworking individuals who are contributing to our economy, our communities and our industries. Ultimately Congress should find a path for these hundreds of thousands to remain in the United States.”

TPS is a form of humanitarian relief that allows individuals from countries designated by the Secretary of Homeland Security to live and work lawfully in the United States when they cannot return safely to their country of origin due to armed conflict, natural disasters, or other extraordinary conditions. Those who appear to be eligible for TPS are subject to expedited work authorization and a designation of TPS is not subject to judicial review.

The President of the United States also has the authority to extend Deferred Enforced Departure (DED) to noncitizens from designated countries and to direct the Secretary of Homeland Security to authorize employment for noncitizens whose removal has been deferred. DED was first used in 1990 and has been applied to a number of countries for various reasons.

DED emanates from the President’s constitutional powers to conduct foreign relations and has been used by Presidents of both parties for decades. For example, on January 26, 2023, President Biden extended and expanded eligibility for DED for certain Hong Kong residents and directed the Secretary of Homeland Security to take appropriate measures to authorize employment for noncitizens whose removal has been deferred.

Current federal law passed in 1996, requires asylum seekers to wait half-a-year after filing an asylum petition before being able to get authorization to work. The law also requires that, once a person has filed an asylum claim, they must wait a minimum of 150 days before applying for a work authorization, which can be granted no earlier than 180 days after the filing of the asylum claim. Usually, because of technical issues and delays in processing work authorization requests, this time period is often longer. These extended wait times prevent hundreds of thousands of asylum applicants from legally working and benefitting from labor protections.

This letter was endorsed by the Service Employees International Union and the Essential Worker Immigration Coalition, a coalition of businesses, trade associations, and other organizations from across the industry spectrum that includes the U.S. Chamber of Commerce, Associated Builders and Contractors, Federation of Employers & Workers of America, Independent Electrical Contractors, National Retail Federation, Retail Industry Leaders Association, Small Business & Entrepreneurship Council, and the American Hotel & Lodging Association among others.

Original source can be found here.